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(영문) 인천지방법원 2016.04.20 2016고단994
절도
Text

Defendant shall be punished by a fine of four million won.

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On November 16, 2015, at around 11:47, the Defendant, at “DPC room” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. On November 16, 2015, the Victim E, who was seated in the back of the Defendant, took a 100,000 wall having a 30,000 won of the market price, which is the cash owned by the victim, in order to put the toilet into the back of the Defendant, was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Photographs;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The Defendant’s criminal liability of repeating the instant crime during the same repeated crime period is not easy.

However, damage is a small amount of damage, the defendant recognizes the crime, is detained for at least two months, and reflects it, and the victim seeks the wife of the defendant by agreement with the victim.

Family members, including the father of the defendant, have the guidance of the defendant.

In consideration of these favorable circumstances, the fine was selected, and the above unfavorable circumstances were small in determining the amount of fine.

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